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Article • August 15, 2021 • from CLN September, 2021
The Federal Habeas Corpus: Government’s Response and Your Reply by Dale Chappell by Dale Chappell After working hard to set out the claims in your federal habeas corpus petition, along comes the person having custody over you and files a response in court that recharacterizes your claims and makes you …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Weapons
Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied by Douglas Ankney by Douglas Ankney The Supreme Court of Virginia reversed the judgment of the Court of Appeals (“COA”) that had affirmed Dorain Jerod Myers’ conviction for carrying a concealed weapon, second offense, in violation of Va. Code …
Article • August 15, 2021 • from CLN September, 2021
Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed retired Air Force Lieutenant Colonel Jules A. Bartow’s conviction for using “abusive …
Article • August 15, 2021 • from CLN September, 2021
Should Public Defenders Be Tweeting? by Anthony Accurso by Anthony Accurso New York’s public defender community is gaining popularity on Twitter by telling stories from their perspective on the criminal justice system, especially when highlighting flaws and injustices. However, there is vocal criticism whether they are crossing a line in …
Article • August 15, 2021 • from CLN September, 2021
California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction by David Reutter by David M. Reutter The Court of Appeal of California, First Appellate District, Division Three, reversed a guilty plea where a trial court approved a plea bargain for human trafficking of a minor for a …
California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing by Douglas Ankney by Douglas Ankney The Court of Appeal, Second Appellate District, Division Five, held that when a federal district court finds that a habeas petitioner has …
Article • August 15, 2021 • from CLN September, 2021
National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries by Matthew Clarke by Matt Clarke Child abuse is the leading cause of trauma-related deaths in children. In 2017, around 3.5 million children were referred to social services due to reports of abuse and …
Police Funding Reallocated to Community Programs Nationwide by Casey Bastian by Casey J. Bastian Defunding the police is not a new concept. The idea has just been largely ignored by lawmakers until recently. Advocacy groups have flooded city council meetings for years while making similar demands. Activist have been pushing …
Article • August 15, 2021 • from CLN September, 2021
Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit held that police exceeded their authority to search for weapons under Terry when they directly searched the inside pocket of …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Death Penalty
Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners by Douglas Ankney by Douglas Ankney Brad Sigmon, 63, was scheduled to be killed on June 18, 2021, at the hands of the people of South Carolina in their perverse and bizarre notion of justice. But on June 16, …
Article • August 15, 2021 • from CLN September, 2021
Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness by Anthony Accurso by Anthony W. Accurso The Supreme Court of Delaware vacated a defendant’s convictions for substance possession after the trial court allowed the State to substitute a different officer for testimony instead of the one who conducted …
Article • August 15, 2021 • from CLN September, 2021
Bodycams Do Not Hold Cops Accountable, Communities Do by Anthony Accurso by Anthony W. Accurso The widespread popularization of bodycams for police was supposed to bring accountability to the “bad apples” amongst police that drive deadly interactions with citizens. However, years into widespread bodycam use, it is apparent that bodycams, …
Publication • August 15, 2021
Filed under: Racial Profiling
Investigation of the Aurora Police Department and Aurora Fire Rescue, 2021 Investigation of the Aurora Police Department and Aurora Fire Rescue September 15, 2021 Table of Contents 1. Executive Summary .................................................................................................................. 1 2. Scope of Investigation and Methodology ............................................................................. 4 3. 2.1. Basis for Investigative Authority and Reason for Investigation …
Article • August 13, 2021
$10.3 Million Verdict Against City of Albuquerque in Man's Wrongful Death by Cop Shooting by David Reutter By David M. Reutter   A New Mexico state court jury awarded $10,342,558 to the Estate of Kenneth Ellis, III. The jury found that Albuquerque police officer Brett Lampiris-Tremba used excessive force in …
Article • August 13, 2021
$7,500 Settlement for Arrest Without Probable Cause by David Reutter by David M. Reutter The City of Albuquerque, New Mexico, paid $7,500 to settle a lawsuit alleging police officers illegally seized, assaulted, arrested, and maliciously prosecuted Robert Alderete. His lawsuit also alleged the officers illegally searched his vehicle. Alderete entered …
Article • August 13, 2021
$5,000 Settlement for Prisoner Subjected to Pepper Spray for Requesting Medication by David Reutter by David M. Reutter The GEO Group paid $5,000 to settle a lawsuit alleging violations of the Fourth and Eighth Amendments. Gabriel H. Grado was released on August 4, 2015, from New Mexico's Mental Health Treatment Center …
Article • August 10, 2021
$100,000 Settlement for Excessive Force During Chase of Unarmed Man by David Reutter by David M. Reutter The City of Farmington, New Mexico, paid $100,000 to settle a lawsuit alleging a police officer chasing an unarmed man used excessive force by shooting him three times. Michael Chavez was in a …
Filing • August 10, 2021
HRDC v. Mark Inch, et al., FL, Complaint, Censorship, 2021 Case 9:21-cv-81391-XXXX Document 1 Entered on FLSD Docket 08/10/2021 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 9:21-cv-81391 HUMAN RIGHTS DEFENSE CENTER, Jury Trial Demanded Plaintiff, v. MARK S. INCH, in his individual capacity …
Brief • August 10, 2021
Filed under: PLN Litigation, Censorship
HRDC v. Mark Inch, et al., FL, Complaint, Censorship, 2021 PRESS RELEASE Human Rights Defense Center For Immediate Release August 10, 2021 Publisher Again Challenges Censorship of Publications by Florida DOC FLORIDA – The Human Rights Defense Center (HRDC) has filed suit in the United States Southern District of Florida …
Article • August 9, 2021
$22,500 Settlement in Excessive Force for Killing Dog by David Reutter by David M. Reutter New Mexico's Albuquerque Police Department paid $22,500 to settle a lawsuit alleging officers acted illegally in shooting a citizen's dog. Officers responded to a 911 call on October 19, 2009, from a woman who refused …
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